[Federal Register Volume 63, Number 117 (Thursday, June 18, 1998)]
[Notices]
[Pages 33384-33385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16267]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service, Interior
Availability of an Environmental Assessment and Receipt of an
Application for an Incidental Take Permit for the Bonny Doon Quarries,
Santa Cruz County, CA
AGENCY: Fish and Wildlife Service.
ACTION: Notice of availability.
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SUMMARY: RMC Lonestar of Pleasanton, California, has applied to the
Fish and Wildlife Service for an incidental take permit pursuant to
section 10(a)(1)(B) the Endangered Species Act of 1973, as amended. The
proposed 10-year permit would authorize the incidental take of the
California red-legged frog (Rana aurora draytonii), federally listed as
threatened, during operation and maintenance of settlement ponds in the
Bonny Doon Quarries in Santa Cruz County, California.
This notice announces the availability of the permit application
and the environmental assessment for public comment. The permit
application includes a habitat conservation plan for the Bonny Doon
Quarries' settlement ponds and an implementation agreement. All
comments received, including names and addresses, will become part of
the administrative record and may be made available to the public.
DATES: Written comments should be received on or before July 20, 1998.
ADDRESSES: Comments should be addressed to Diane K. Noda, Field
Supervisor, Fish and Wildlife Service, 2493 Portola Road, Suite B,
Ventura, California 93003. Written comments also may be sent by
facsimile to (805) 644-3958.
FOR FURTHER INFORMATION CONTACT: David Pereksta, Fish and Wildlife
Biologist, at the above address (805-644-1766).
SUPPLEMENTARY INFORMATION:
Availability of Documents
Individuals wishing copies of the documents should immediately
contact the Service's Ventura Fish and Wildlife Office at the above
referenced address or telephone. Documents will also be available for
public inspection, by appointment, during normal business hours at the
above address.
Background Information
RMC Lonestar proposes to continue operation and maintenance of five
of seven settlement ponds and associated culverts and open drains that
serve active and formerly active operational areas, including both
quarrying and waste disposal areas, at the Bonny Doon Quarries. The
site is known to support populations of the California red-legged frog.
As a component of recent environmental review conducted by the County
of Santa Cruz (County) for RMC Lonestar's operations and as a condition
of RMC Lonestar's mining permit, the County now requires regular
cleaning of an engineered drainage system that includes the five
settlement ponds and associated culverts and open drains noted above.
Operational areas are either owned or leased by RMC Lonestar and
covered by the mining permit. The County may add these maintenance
requirements to two additional ponds and their associated culverts and
drains.
At a minimum, each settlement pond must have adequate capacity to
hold run-off from a 10-year, 2-hour rainfall event falling in its
catchment area. To maintain this pond capacity, RMC Lonestar must
perform general maintenance and remove accumulated sediment each year
from at least some of the ponds in the late summer or early fall. The
pond maintenance cannot begin before April 15 and must be completed by
October 15 to satisfy the County's objectives for the protection of
water quality.
RMC Lonestar needs an incidental take permit from the Service
because listed wildlife species are protected against ``take'' pursuant
to section 9 of the Endangered Species Act. That is, no one may harass,
harm, pursue, hunt, shoot, wound, kill, trap, capture or collect listed
animal species, or attempt to engage in such conduct (16 USC 1538). The
Service, however, may issue permits to take listed animal species if
such taking is incidental to, and not the purpose of, otherwise lawful
activities. Regulations governing permits for threatened species are
found at 50 CFR 17.32.
The Service proposes to issue a 10-year permit to RMC Lonestar for
incidental take of California red-legged frogs during operation and
maintenance of settlement ponds, associated culverts, and open drains
at the Bonny Doon Quarries. The proposed project would result in the
loss of California red-legged frogs and their habitat within the
settlement ponds, associated culverts, and open drains as the natural
vegetation communities in which they are found and the hydrological
conditions that provide suitable habitat are removed or altered during
operation and maintenance activities.
The proposed action would authorize the incidental take of
California red-legged frogs within the 5-acre area of the settlement
ponds serving the 455-acre Bonny Doon Quarries. During 1997, California
red-legged frogs were found in three of the seven settlement ponds;
breeding occurred within two of those three. California red-legged
frogs also were found along Liddell Creek and at RMC Lonestar's
mitigation ponds along Liddell Creek.
RMC Lonestar's habitat conservation plan contains the following
measures to minimize and mitigate impacts to the California red-legged
frog and its habitat from the operation and maintenance of the
settlement ponds and to further the conservation of the species: (1)
training programs to familiarize employees and subcontractors of RMC
Lonestar with the biology of the species and the protection provided to
the frog under the Endangered Species Act; (2) a community outreach
program for distribution to local schools and community associations in
Davenport and Bonny Doon; (3) annual breeding surveys at all settlement
ponds and mitigation ponds; (4) pre-maintenance activity surveys for
California red-legged frogs; (5) avoidance of impacts to or removal
from harm's way of juvenile or adult California red-legged frogs to the
greatest extent possible; (6) timing of water releases to minimize
impacts to breeding populations of California red-legged frogs; (7) the
use of speed limits, trash control, and predator control as necessary
to protect California red-legged frogs; (8) minimization of disturbance
to and enhancement of habitat within Settlement Pond 1, consistent with
other regulatory objectives; (9) deepening and maintaining the depth of
the mitigation ponds to provide benefits to the California red-legged
frog; (10) monitoring of project impacts and success of mitigation
measures for the term of this habitat conservation plan and for 5 years
following the term of the permit; and (11) submission of an annual
report of the activities conducted under this habitat conservation plan
during the previous year.
Environmental Assessment
The environmental assessment considers the environmental
consequences of the proposed action
[[Page 33385]]
and no-action alternatives. The proposed action alternative is issuance
of the incidental take permit and implementation of the habitat
conservation plan as submitted by RMC Lonestar. Two other alternatives
were considered, but were not advanced for detailed analysis because
they were neither technically nor economically feasible.
Under the no-action alternative, the Service would not issue an
incidental take permit to RMC Lonestar and a habitat conservation plan
would not be implemented. No maintenance activities would be performed
on the ponds, and the incidental take associated with those activities
would be avoided. Therefore, no permit would be needed. This
alternative is not being used because RMC Lonestar is under a legal
obligation to carry out these maintenance activities by the County and
the Regional Water Quality Control Board. These objectives are in place
to protect water quality in the streams below the quarry areas. If the
ponds were allowed to fill with sediment, the protection to water
quality provided by the ponds would be lost and increased sedimentation
of downstream areas would result. California red-legged frogs
inhabiting downstream habitat would likely be adversely affected. For
these reasons, this alternative was rejected.
This notice is provided pursuant to section 10(a)(1)(B) of the
Endangered Species Act and Service regulations for implementing the
National Environmental Policy Act of 1969 (40 CFR 1506.6). The Service
will evaluate the application, associated documents, and comments
submitted thereon to determine whether the application meets the
requirements of law. If the Service determines that the requirements
are met, a permit will be issued for the incidental take of the listed
species. A final decision on permit issuance will be made no sooner
than 30 days from the date of this notice.
Dated: June 11, 1998.
David L. McMullen,
Acting Regional Director, Region 1, Portland, Oregon.
[FR Doc. 98-16267 Filed 6-17-98; 8:45 am]
BILLING CODE 4310-55-P
